§ 41-6a-518 Ignition interlock devices-Use-Probationer to pay cost-Impecuniosity-Fee

§ 41-6a-518. Ignition interlock devices--Use--Probationer to pay cost--Impecuniosity--Fee

Section effective until July 1, 2012. See, also, section effective July 1, 2012.

    (1) As used in this section:

        (a) “Commissioner” means the commissioner of the Department of Public Safety.

        (b) “Ignition interlock system” or “system” means a constant monitoring device or any similar device certified by the commissioner that prevents a motor vehicle from being started or continuously operated without first determining the driver's breath alcohol concentration.

        (c) “Probation provider” means the supervisor and monitor of the ignition interlock system required as a condition of probation who contracts with the court in accordance with Subsections 41-6a-507(2) and (3).

    (2)(a) In addition to any other penalties imposed under Sections 41-6a-503 and 41-6a-505, and in addition to any requirements imposed as a condition of probation, the court may require that any person who is convicted of violating Section 41-6a-502 and who is granted probation may not operate a motor vehicle during the period of probation unless that motor vehicle is equipped with a functioning, certified ignition interlock system installed and calibrated so that the motor vehicle will not start or continuously operate if the operator's blood alcohol concentration exceeds a level ordered by the court.

        (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when the violation occurred, the court shall order the installation of the ignition interlock system as a condition of probation.

        (c) The division shall post the ignition interlock restriction on the electronic record available to law enforcement.

        (d) This section does not apply to a person convicted of a violation of Section 41-6a-502 whose violation involves drugs other than alcohol.

    (3) If the court imposes the use of an ignition interlock system as a condition of probation, the court shall:

        (a) stipulate on the record the requirement for and the period of the use of an ignition interlock system;

        (b) order that an ignition interlock system be installed on each motor vehicle owned or operated by the probationer, at the probationer's expense;

        (c) immediately notify the Driver License Division and the person's probation provider of the order; and

        (d) require the probationer to provide proof of compliance with the court's order to the probation provider within 30 days of the order.

    (4)(a) The probationer shall provide timely proof of installation within 30 days of an order imposing the use of a system or show cause why the order was not complied with to the court or to the probationer's probation provider.

        (b) The probation provider shall notify the court of failure to comply under Subsection (4)(a).

        (c) For failure to comply under Subsection (4)(a) or upon receiving the notification under Subsection (4)(b), the court shall order the Driver License Division to suspend the probationer's driving privileges for the remaining period during which the compliance was imposed.

        (d) Cause for failure to comply means any reason the court finds sufficiently justifiable to excuse the probationer's failure to comply with the court's order.

    (5)(a) Any probationer required to install an ignition interlock system shall have the system monitored by the manufacturer or dealer of the system for proper use and accuracy at least semiannually and more frequently as the court may order.

        (b)(i) A report of the monitoring shall be issued by the manufacturer or dealer to the court or the person's probation provider.

            (ii) The report shall be issued within 14 days following each monitoring.

    (6)(a) If an ignition interlock system is ordered installed, the probationer shall pay the reasonable costs of leasing or buying and installing and maintaining the system.

        (b) A probationer may not be excluded from this section for inability to pay the costs, unless:

            (i) the probationer files an affidavit of impecuniosity; and

            (ii) the court enters a finding that the probationer is impecunious.

        (c) In lieu of waiver of the entire amount of the cost, the court may direct the probationer to make partial or installment payments of costs when appropriate.

        (d) The ignition interlock provider shall cover the costs of waivers by the court under this Subsection (6).

    (7)(a) If a probationer is required in the course and scope of employment to operate a motor vehicle owned by the probationer's employer, the probationer may operate that motor vehicle without installation of an ignition interlock system only if:

            (i) the motor vehicle is used in the course and scope of employment;

            (ii) the employer has been notified that the employee is restricted; and

            (iii) the employee has proof of the notification in the employee's possession while operating the employer's motor vehicle.

        (b)(i) To the extent that an employer-owned motor vehicle is made available to a probationer subject to this section for personal use, no exemption under this section shall apply.

            (ii) A probationer intending to operate an employer-owned motor vehicle for personal use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock system shall notify the employer and obtain consent in writing from the employer to install a system in the employer-owned motor vehicle.

        (c) A motor vehicle owned by a business entity that is all or partly owned or controlled by a probationer subject to this section is not a motor vehicle owned by the employer and does not qualify for an exemption under this Subsection (7).

    (8)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commissioner shall make rules setting standards for the certification of ignition interlock systems.

        (b) The standards under Subsection (8)(a) shall require that the system:

            (i) not impede the safe operation of the motor vehicle;

            (ii) have features that make circumventing difficult and that do not interfere with the normal use of the motor vehicle;

            (iii) require a deep lung breath sample as a measure of breath alcohol concentration;

            (iv) prevent the motor vehicle from being started if the driver's breath alcohol concentration exceeds a specified level;

            (v) work accurately and reliably in an unsupervised environment;

            (vi) resist tampering and give evidence if tampering is attempted;

            (vii) operate reliably over the range of motor vehicle environments; and

            (viii) be manufactured by a party who will provide liability insurance.

        (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or independent laboratory tests relied upon in certification of ignition interlock systems by other states.

        (d) A list of certified systems shall be published by the commissioner and the cost of certification shall be borne by the manufacturers or dealers of ignition interlock systems seeking to sell, offer for sale, or lease the systems.

        (e)(i) In accordance with Section 63J-1-504, the commissioner may establish an annual dollar assessment against the manufacturers of ignition interlock systems distributed in the state for the costs incurred in certifying.

            (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the manufacturers on a fair and reasonable basis.

        (f) The commissioner shall require a provider of an ignition interlock system certified in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act.

    (9) There shall be no liability on the part of, and no cause of action of any nature shall arise against, the state or its employees in connection with the installation, use, operation, maintenance, or supervision of an interlock ignition system as required under this section.